Canada’s online legal magazine.

Archive for May, 2017

“Avalon Sunset” Moments

It is hardly surprising, having penned articles with such titles as Legal and Professional Publishing: Has It Become Desperately Dull?, The End of Legal Publishing? and The Law Publishing Business is Finished, that I am sometimes not filled with optimism with regard to these matters. In fact, I am reminded of a difficulty frequently encountered and described by those who write and dealt with entertainingly by Van Morrison on his album, Avalon Sunset. How to deal with not having anything about which to write is to use that fact as a topic in itself, hence the song . . . [more]

Posted in: Legal Publishing

Nova Scotia Accessibility Act Received Royal Assent

Nova Scotia’s Accessibility Act received Royal Assent on April 27, 2017. Nova Scotia becomes the third Canadian province to enact accessibility legislation. The Nova Scotia Accessibility legislation aims to achieve accessibility in the whole province by 2030. . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

The Ideal Cease and Desist Letter – Informative and Only Covertly Threatening?

The oft-used cease and desist letter (“C&D letter”) may have significant implications for both intellectual property (“IP”) owner and alleged infringer alike. Although the test for an improper C&D letter may be well-established, there have been relatively few cases where such letters have been held to be improper, and no reported cases dealing with actual quantification of resulting damages. This fact, combined with the reality that interlocutory injunctions remain a difficult remedy to obtain in Canada, may very well mean that IP owners should consider taking the risk of sending out threatening communications to an infringer’s customers. In certain circumstances, . . . [more]

Posted in: Intellectual Property

How Scarcity Can Change Us; Why the Justice System Needs Empathy

The justice system (and the court system in particular) is complex and can be very confusing and intimidating for people. Access to justice efforts are focusing on ways to alleviate these pressures. Progress is slow but determined with some hopeful glimpses of progress.

What continues to disturb me are the surprisingly frequent references to both clients and self-represented litigants (“SRLs”) as “difficult” or “obsessive” or suffering from mental health challenges. [Note 1] A recent example is the current series from Lawpro on “Dealing with the Difficult Client”. Part 3 (March 23, 2017) focuses on “the obsessed client” described as “the . . . [more]

Posted in: Dispute Resolution

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. R. v Hunt, 2016 NLCA 61

[32] In considering the integrity and repute of the justice system, particularly in light of the underlying principles discussed in Jordan, it is relevant to take account of the fact that a person under investigation, prior to a charge being laid, has no control over the process. He or she is at the mercy . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Tips Tuesday

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on research, writing, and practice.


Can Lawyers Benefit From Business Coaching?
Sandra Bekhor

Think about all the aspects of your job that you weren’t trained for: Delegating, Managing people, Priority management, Developing job descriptions, Interviewing, Performance management, Leadership, Business planning, Retreats, Marketing. How much of your day is spent on this list and other such functions? How much of your energy does it take to learn and do it all? …

Research & Writing

. . . [more]
Posted in: Tips Tuesday

Gratitude in Retirement

Next month I will be 88. Which has caused me to reflect on my good fortune. That includes my mother and father and their families, my wife, and my children and grandchildren. Adam Smith (1723-1790) said “What can be added to the happiness of the man who is in good health, who is out of debt, and has a clear conscience”. Perhaps family.

My age causes me to reflect on the medical advances made during my lifetime. I understand that life expectancy has doubled since 1867. When my father was born in 1900, life expectancy was circa 50.

I am . . . [more]

Posted in: Legal Publishing

How Neuroscience Awareness and Evolutionary Psychology Can Help Lawyers Avoid Claims and Offer Better Client Service

This article is by Nora Rock, corporate writer and policy analyst at LAWPRO.

The success of books like Malcolm Gladwell’s Blink and Norman Doidge’s The Brain that Changes Itself, has brought discussion of neuroscience out of the medical lab and into everyday conversation. The potential for what we know about the brain to be used to our advantage in the business and professional realms has spurred a growing body of research, and lawyers are beginning to pay attention.

From LawPRO’s perspective, the most interesting implication of this research is that a basic understanding of neuroscience may provide lawyers . . . [more]

Posted in: Reading: Recommended

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. IP Osgoode 2. Avoid a Claim 3. SOQUIJ | Le Blogue 4. First Reference 5. Clicklaw Blog

IP Osgoode
#WorldIPDay – IP Osgoode’s Innovation Clinic in the Spotligh

This year’s World Intellectual Property Day theme is focused on the role that IP rights play in encouraging innovation

. . . [more]
Posted in: Monday’s Mix

Business Development: Do Something Every Single Day

Do something every single day, has been my mantra for many years. Why, because it’s much easier to commit to small tasks. And those small tasks can accumulate and become a tidal wave. As the saying goes, How do you eat an elephant… one bite at a time.

That is what business development can feel like… eating an elephant! It doesn’t have to feel that way if you do something every single day. So here is a 7-Day Action Plan to get you started.

In this 7 – Day Plan I present you with the tools to make marketing a . . . [more]

Posted in: Legal Marketing